Ohio § 759.36

§ 759.36.

At any joint meeting provided for by section 759.35 of the Revised Code , or at the joint meeting provided for by section 759.34 of the Revised Code , by a majority vote of all present counting members of the legislative authorities

of municipal corporations and of boards of township trustees, the meeting may elect

a board of cemetery trustees consisting of three members, of which one or more must

be a member of each of the separate boards of township trustees and legislative authorities

which comprise the union cemetery association represented by the joint meeting. The board of cemetery trustees so elected shall have the custody of the funds derived

from the tax levy provided by section 759.34 of the Revised Code , and the political subdivision shall pay the funds to the board of cemetery trustees

upon its application for them.  The board of cemetery trustees also shall have the custody of the funds derived

from any tax levied by the union cemetery district under Chapter 5705. of the Revised

Code.  The board of cemetery trustees shall have all the powers and perform all the duties

exercised and performed by the director of public service of a municipal corporation

under sections 759.09 to 759.14 of the Revised Code .  The board of cemetery trustees may create a permanent endowment fund for the express

purpose of keeping the cemetery clean and in good order and may: (A) Add to the price regularly charged for lots a sum for that purpose; (B) Receive gifts for that purpose; (C) Enter into separate agreements with the purchasers of lots by which an agreed part

of the purchase price shall constitute a permanent fund; (D) Receive individual gifts for the fund, the income thereof to be used for the upkeep

and care of lots. When any such funds are received or created, they shall be a permanent fund for such

use and the income therefrom shall be used only for such purpose, and the principal

sum shall be kept and invested under the same terms fixed by law for the investment

of the funds of a minor by the minor's guardian except that upon unanimous consent

of the board of cemetery trustees, the board may use the principal of the fund if

the board is unable to keep the cemetery clean and in good order using only the income

from the fund. At the first election of the board of cemetery trustees, one member shall be chosen

for one year, one for two years, and one for three years, together with the part of

a year intervening between the time of the election and the first day of January next

thereafter.  Yearly thereafter, at the joint meeting held in May, one member shall be chosen

for three years commencing on the first day of January next thereafter.  Any regular or regularly called joint meeting of the board of township trustees

and municipal legislative authority may fill vacancies occurring on the board of cemetery

trustees by a majority vote of the members present, the election to be for the unexpired

term. One member of the board of cemetery trustees or a person selected by the board of

trustees shall be designated the clerk-treasurer for a term not to exceed two years.  The clerk-treasurer shall be compensated from the cemetery fund in an amount fixed

by the board of trustees in view of the size and financial condition of the cemetery

association.  The clerk-treasurer shall be charged with the duty of accounting for the fund and

shall be bonded in an amount equal to or greater than the amount in the fund, but

not less than one thousand dollars, the bond to be subject to the approval of the

board of cemetery trustees and to be paid for from the cemetery funds. Any member of the board of cemetery trustees may be removed by the joint meeting,

on a two-thirds vote of all members entitled to sit in such meeting, for misfeasance

or malfeasance in office, gross neglect of duty, or gross immorality, but no member

shall be so removed until having had at least ten days' notice in writing, together

with a copy of the charges against the member, and an opportunity to appear and defend

self either in person or by counsel.